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Kent County board approves variance to legalize detached garage at Still Road property
Summary
The Kent County Board of Adjustment approved a 6-foot front-yard variance 5-0 to legalize an existing detached garage for Willis and Dorese Gingrich after the applicant said demolition of an attached manufactured home was delayed by caregiving responsibilities and moving the garage would be costly and disruptive.
The Kent County Board of Adjustment on Monday approved a variance allowing an existing detached garage to remain 94 feet from the front property line where 100 feet is required.
The decision followed testimony from applicant Dorese Gingrich and staff showing the property on the north side of Still Road, east of Mahan Corner Road. Gingrich told the board she plans to demolish a manufactured home and keep the detached garage, which she described as structurally sound with a slab foundation, vinyl siding and a shingle roof. She said demolition of the trailer was delayed because a household member developed dementia and she could not complete the work within the 30-day period tied to the occupancy permit issued in August 2024.
Board attorney Fred Townsend had earlier reminded participants that the board’s area-variance review focuses on four factors drawn from Delaware law: the zoning district, the character and uses of the immediate vicinity, the effect on neighboring properties, and whether the owner faces exceptional practical difficulties of ownership.
During questioning, Gingrich explained that the garage hosts an electrical box and that nearby utilities and a septic line—about 15 feet behind the garage—make relocating the structure complicated. In response to board questions, she said the new dwelling on the property is sited about 152 feet from the front property line and the well sits about 25 feet north of the garage.
Board members who spoke before the vote cited financial and logistical difficulties as the basis for finding an “exceptional practical difficulty.” Mister Gallo said he believed the applicant “demonstrated an exceptional practical difficulty with the movement of that garage.” Mister Jenkins and Miss Denny likewise said the four variance criteria were met; Miss Denny added that the expense of moving the garage would be significant. The board voted 5-0 to approve application a25-30.
The board’s written notice of decision will follow; staff advised applicants they may apply for required permits if approved and that notifications are mailed after the next scheduled meeting.
The board moved on to consider additional applications later in the meeting.
